Commonwealth v. Maxwell

Supreme Court of Pennsylvania

Commonwealth v. Maxwell

34 Pa. Super. 636, 1907 Pa. Super. LEXIS 193

CourtSupreme Court of Pennsylvania

DecidedOctober 7, 1907

DocketNo. 2; Appeal, No. 20

StatusPublished

This text of 34 Pa. Super. 636 (Commonwealth v. Maxwell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Maxwell, 34 Pa. Super. 636, 1907 Pa. Super. LEXIS 193 (Pa. 1907).

Pincite

Opinion

Opinion by

Head, J.,

This appeal and Com. v. Maxwell, ante, p. 631, are based upon a single proceeding in the court below. An examina-, tion of the facts as set forth in the opinion there filed we. think will make it manifest that the order or decree from which 'this appeal is taken was in no sense final but only, interlocutory. After it was made the proceeding went on [637]*637regularly to filial judgment' and then a second appeal was taken. In that appeal the appellants would have the right to.-have heard and adjudicated the same question raised in this one. This appeal was, therefore, prematurely taken and must be quashed.

Appeal quashed.

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Opinion by

Head, J.,

This appeal and Com. v. Maxwell, ante, p. 631, are based upon a single proceeding in the court below. An examina-, tion of the facts as set forth in the opinion there filed we. think will make it manifest that the order or decree from which 'this appeal is taken was in no sense final but only, interlocutory. After it was made the proceeding went on [637]*637regularly to filial judgment' and then a second appeal was taken. In that appeal the appellants would have the right to.-have heard and adjudicated the same question raised in this one. This appeal was, therefore, prematurely taken and must be quashed.

Appeal quashed.

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Bluebook (online)

34 Pa. Super. 636, 1907 Pa. Super. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-maxwell-pa-1907.